MUKUL SHARMA
11 April 2011 at 09:02
'A' borrowed money from 'B'and signed blank stamp(taken in his name)alongwith blank paper and a blue paper(that is usedd to prepare map of plots.'B'tampered these papers and prepared a sale-deed of a plot of 'A' in his name and notary public attested it wrongly.What should be done by 'A'.What is legal remedy for A while police rejected his FIR in this matter.
Anonymous
11 April 2011 at 01:24
In a suit for Specific Performance of Contract arising from an "Agreement for Sale of a Plot of Land" and in this suit plaintiff filed a petition seeking permanent injunction of the suit land but a order was made to maintain status quo by the both parties till disposal of main suit. subsequently the Plaintiff made construction over the suit land or portion of the suit land. The main suit is continuing.
Now the question is that,
1. Whether in a suit for specific performance of contract a petition under Order 39, Rule 2A is maintainable, if any party of the suit is violating the said specific order to main status quo ?
2. If the Petition under Order 39, Rule 2A is dismissed, what procedure is apply Appeal or Revision ?
3. What is the Limitation Period of such Appeal or Revision ?
4. Whether the Appellant/Respondent prays for local inspection of the suit in the said Appeal or Revision, if so under which section of C.P.C. ?
5. Can you provide me some case laws in this respect (i.e. matter of violation)
Mr. Kunal Sarkar,
Advocate,
Bongaigaon, Assam.
Anonymous
11 April 2011 at 00:39
In a Suit for Eviction, Khas Possession & Realization of Arrear Rent. The Proforma-Defendant is the original Land Lord. The defendant/tenant occupying and peacefully enjoying the suit premises/shop room more than 20 years without any obstruction from any corner as well as without any fresh written agreement since last five years or without issuance any money receipt by the Proforma Defendant/ Original Land Lord for payment of house rent. subsequently in the year 2008 the Proforma Defendant/ Original Land lord sold the suit premises/shop room to the Plaintiff/Present Land lord through Registered Sale Deed without given any prior intimation/information to the defendant/tenant. When the defendant/tenant came to know the facts he stop payment the house rent to the Plaintiff/New landlord from November 2008. Thereafter the Plaintiff/ New landlord served legal notice to the defendant to vacate the suit premises but the defendant did not reply the same. Subsequently the Plaintiff/New Landlord filed the suit as the defendant is defaulter and bonafide requirement. But the suit premises is only livelihood and sole business establishment of the defendant/tenant and he willing to purchase the suit premises as per the market price.
I am conducting the case for the Defendant/tenant side.
Now my question is that,
1. What reliefs and/or defence pleas are available to the defendant/tenant as per the law in this suit ?
2. Whether there is any section in T.P. Act or any other legal principle which required to give prior information to the defendant/tenant before sold the suit premises by the original landlord to any person during the continuation of tenancy ?
3. Whether the defendant/tenants claim adverse possession over the suit premises and for which any counter claim is required, if yes, then how calculate the valuation of the counter claim ?
4. Whether the defendant entitled any other relief in this suit ?
5. Whether the defendant is treated as defaulter in the eye of law and liable to be evicted?
6. Can you provide some reference of case laws which help me in this suit ?
Anonymous
10 April 2011 at 22:03
I am appearing for defendant. The suit is filed for specific performance of sale agreement dated 14-1-2011. The sale agreement is time bounded. Rs.50,000/- paid [out of total sale consideration amount of Rs.6,00,000/-] at the time of entering in to agreement of sale. The entire amount shall be paid within 2 months. The plaintiff is not ready with money. The agreement is not contained the recitals that "the sale deed will be executed in the name of any other person chosen by the plaintiff". The plaintiff is friend of the defendant. Being friend of the defendant the sale consideration accepted for meager amount. In fact the house plot will be value @ Rs.8,00,000/- and above. The defendant has issued a legal notice as to the sale agreement is cancelled. For that the plaintiff has filed a suit, stating that he is ready with money [by showing the drafted original of third party with the recitals as if the defendant has sold the plot, in fact there is no privity of contract in between the third party and the defendant]. The things stood so the plaintiff has filed a suit seeking relief of specific performance of contract, with an interlocutory application with the relief "not to alienate" petition. How can the defendant escape from the liability and what should be the defense of the defendant. [The friend cheated the defendant that the property will be kept / purchased in his name only, but he sold out for excessive profit]. With regards.
Varun
10 April 2011 at 18:31
Me, my brother, and my mother decided to share my father's property, who passed away 3 years back. The property consists of a land with a building in one half and vacant land on the other half. It was decided to have the land with the building to my brother and mother's name and the vacant land and some amount to be given to me so that I can construct a house in the vacant land. We have all agreed and gone ahead with this deal. I have some doubts with the documentation part of this deal. It was written as a single document, and the original is with my mother and brother and I have been provided with a copy of it, which has been written in a 20 Rupee legal document. Is that right? Will that lead to any problems in the future if I decide to sell this property.
Raghu ponnala
10 April 2011 at 17:27
Respected Experts,
I have a Notarized Sale deed which was executed in the year 1992.Since the property is under dispute with Urban Land Ceiling Authority, now the Government has cleared the said lands. Due to the said reason I could not get registration for all these days.
1. what is the procedure to validate the sale deed document.
Subramanian
10 April 2011 at 17:00
one of my relative made an agreement with another person to sell his property.
but now the seller doesn't want to sell it, and want to pay back the advance amount and cancel the agreement.
Is it legally possible? should he approach court to cancel the agreement?
i belive the buyer not willing to cancel and still want to go on for resgistration.
valentine thakkar
10 April 2011 at 16:14
Could anyone please tell me the section under which exemption from court fees and other fees is granted to SC/ST and OBC applicants? It is rather urgent as I have to get exemption from court fee on the awarded amount.
Anonymous
10 April 2011 at 15:04
Dear All,
Please guide us we handled a case in which the son (Sh. Goapl) have a property with registred will from his father in 1978 but his father has expire on 15, March 1985 and his father done the two marrige for personal reason. and our goapl is son of first wife and second wife are divorced in 1969 form his father but her have two son from his deaseased father. His father Out from his property through news paper and court has already issued successor certificate in favour of Gopal father. now his second step mother suit against gopal for 50% property. so kindly guide us and let me know whether registerted will can be rejected by any rule when the willing athourity has already expired.
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Cancellation of Encumbrances made on property
Respected Learned Advocates,
A civil suit was filed in the sessions court for cancelling the encumbrances created on our property by some fraudulent persons. Four of the respondents did not did not appear in the court or submit any written statement to the court against the plaint submitted by me except the Registrar and sub-registrar who were also involved as respondents. The four respondents have been declared ex-parte. Under this situation, can the court direct the registering officials to cancel the encumbrances based on the documents submitted by me in support of ownership of my property ?
Thanks & Regards
Balaji